INDUSTRY REFERENCE COMMITTEES

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INDUSTRY REFERENCE COMMITTEES This document outlines best practice governance principles and processes to assist in the day-to-day operation of Industry Reference Committees May 2016 / Version 1.0 Operating Framework for the Development of Training Packages

Transcript of INDUSTRY REFERENCE COMMITTEES

In

INDUSTRY REFERENCE

COMMITTEES

This document outlines best practice governance principles and processes to

assist in the day-to-day operation of Industry Reference Committees

May 2016 / Version 1.0

Operating

Framework for the

Development of

Training Packages

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Contents

Contents ................................................................................................................................................... 1

A Welcome Message ..................................................................................................................................... 3

1 Statement of Intention ................................................................................................................................. 4

2 The National Training System ................................................................................................................... 4

2.1 Training Products ................................................................................................................................. 5

2.2 Training Packages ............................................................................................................................... 5

3 New arrangements for the development and review of training packages ........................................ 6

3.1 Roles and Responsibilities .................................................................................................................. 6

3.1.1 The Australian Industry and Skills Committee .......................................................................... 6

3.1.2 Industry Reference Committees ................................................................................................. 7

3.1.3 Skills Service Organisations ........................................................................................................ 8

4 Scheduling and Commissioning of Training Package Recommendations ......................................... 9

4.1 IRC Workplans ...................................................................................................................................... 9

4.2 National Schedule ................................................................................................................................ 9

4.3 Business Cases .................................................................................................................................. 10

4.4 Training package development work .............................................................................................. 11

4.5 Cases for Endorsement..................................................................................................................... 11

4.6 Industry Proposals ............................................................................................................................. 11

5 IRC Governance Arrangements .............................................................................................................. 12

5.1 IRC Membership and Chair/Deputy Chair ...................................................................................... 12

5.2 Quorum ................................................................................................................................................ 13

5.2.1 Quorum requirements ................................................................................................................ 13

5.3 Meetings, Agendas, Motions and Minutes ..................................................................................... 13

5.3.1 Meeting operation requirements ............................................................................................... 13

5.3.2 Meeting minutes .......................................................................................................................... 14

5.3.3 Costs associated with meetings ............................................................................................... 14

5.4 Code of conduct of IRC members ................................................................................................... 14

5.4.1 Confidentiality .............................................................................................................................. 15

5.4.2 Managing conflicts of interest ................................................................................................... 15

5.4.3 Privacy .......................................................................................................................................... 15

5.4.4 Intellectual Property .................................................................................................................... 16

5.5 Reporting ............................................................................................................................................. 16

5.6 Authority ............................................................................................................................................... 16

5.7 Review ................................................................................................................................................. 16

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5.8 Memorandum of Understanding ...................................................................................................... 16

6 Further Information and Contacts ........................................................................................................... 17

Attachment One: Summary of Key Roles and Responsibilities ............................................................. 19

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A Welcome Message

As Chair of the Australian Industry and Skills Committee (AISC), I would like to take this

opportunity to extend a warm welcome to all members of Industry Reference Committees.

By way of background, the AISC was established by agreement of the Council of Australian

Governments Industry and Skills Council to provide effective industry leadership to the VET sector

in Australia. The AISC is supported by the Australian Government Department of Education and

Training to provide advice to the COAG Industry and Skills Council on matters including the

development and maintenance of training packages, in consultation with you, as members of

Industry Reference Committees.

These new arrangements represent a new and enhanced opportunity for industry to actively

participate in the development of training packages that will ensure that they reflect the skills needs

of industry. In this way, your contribution as a member of an Industry Reference Committee will

have a significant impact on Australia’s economic future.

The success of these new arrangements will depend largely on the industry experience and

knowledge that you, as members of the Industry Reference Committees, bring to the table. It will

also depend on your willingness to engage widely with your constituency to ensure that the views

put forward and the training packages developed are truly representative of your industry’s needs.

The Operational Framework provided in this document is designed to assist you in these

endeavours.

I wish you well in your work and believe that collectively we can make a positive difference to the

national training system.

John Pollaers

Chair, Australian Industry Skills Committee

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1 Statement of Intention

The intention of this Operating Framework is to provide guidance to Industry Reference

Committees (IRCs) in the conduct of their business. Without wishing to constrain the flexibility of

operation that may be required by individual committees, it seeks to establish the minimum

operational requirements to meet the high standards of integrity, probity and transparency

expected by the Australian community.

Industry Reference Committees will be supported by Skills Service Organisations (SSOs)1. SSOs

have entered into a legally binding Funding Agreement with the department which sets out the role

and obligations of the SSO and the terms under which funding will be provided. This Operating

Framework is subordinate to the terms of the Funding Agreement.

The Funding Agreement requires the SSO to provide support to its allocated IRCs. The way in

which that support is to be provided is to be articulated in a Memorandum of Understanding (MoU).

While under the funding agreement an SSO is contractually required to enter into an MoU with its

allocated IRCs, the MoU itself has no legal status. The purpose of the MoU is to record the

agreement between the IRC and the SSO about how they will work together from a practical day-

to-day operational perspective. The MoU will be subordinate to this Operating Framework and

hence to the Funding Agreement. In the event there is any inconsistency between these

documents, conditions and activities stipulated in the funding agreements will take priority, followed

by the terms of this Operating Framework.

In short, therefore, this document provides the following:

(a) an overview of the Australian Vocational Education and Training (VET) system, including an

outline of the new arrangements for the development and review of training packages

(b) an explanation of the roles and relationships of key stakeholders involved in training package

development, in particular, the role of the IRCs under the new arrangements

(c) guidance and best practice governance principles and processes to assist in the day-to-day

operation of IRCs.

2 The National Training System

The Australian VET system primarily aims to provide individuals with work-ready skills for the

labour market – skills that businesses and industries need to be productive and internationally

competitive. A highly capable workforce will help place Australia’s economy in a position of

strength in the global market and secure Australia’s economic prosperity and increase job

opportunities for individuals.

The VET system is based on occupational skills standards set out in units of competency and

packaged into nationally consistent qualifications that reflect the skills and knowledge required to

successfully operate in a particular occupation. Together with the national regulation of training

providers and the national governance models that are in place, the objectives of the system are to

provide:

1 Note: On 27 January 2016, transition arrangements were put in place for IRCs for the mining and drilling, manufacturing and automotive sectors pending the selection of one or more suitable SSOs. In the interim, these IRCs will be serviced by their former Industry Skills Councils. For the purposes of this document, the term SSOs includes these transitional service providers.

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(a) assurance that an individual’s qualification or statement of attainment means they have the

core competencies required by industry, regardless of the training provider, and that these

skills can be enhanced by organisation-specific professional development as needed by the

employer

(b) efficiency gains for employers in recruitment and selection processes, through national

qualifications that provide a reliable signal about an individual’s skills and knowledge

(c) a competitive edge for individuals in the job market with qualifications or statements of

attainment that are recognised nationally

(d) a skilled, adaptive and competitive workplace for Australia.

Nationally recognised qualifications and statements of attainment are issued in accordance with

industry-defined, nationally agreed and consistent competency standards (set out in training

packages). Registered Training Organisations (RTOs) are authorised to issue a nationally

recognised qualification or statement of attainment only where the requirements of the training

package have been met. The operation of RTOs is overseen by the VET system regulators. These

arrangements aim to provide businesses with assurance that VET graduates have the skills they

need, and graduates with assurance that their qualifications will have national recognition and

portability.

2.1 Training Products

Training products are developed to reflect the occupational skills needs of an industry, or a group

of industries, to facilitate employment and vocational outcomes for individuals. For the purposes of

this document, training products include training packages and materials that support the

implementation of training packages.

2.2 Training Packages

Training packages specify the skills and knowledge required to perform effectively in the

workplace; detailed in units of competency. They also describe how these units can be

encompassed into nationally recognised qualifications that are aligned to the Australian

Qualifications Framework (AQF) and industry recognised skill sets (or part qualifications, which

also have currency in the workplace).

Training packages consist of:

(a) Nationally endorsed components

Units of competency which specify the standard of performance required in the workplace

Assessment requirements (associated with each unit of competency)

Packaging rules for qualifications that are consistent with the AQF (Certificate I to

Graduate Diploma)

Credit arrangements specifying existing arrangements between training package

qualifications and higher education in accordance with the AQF

(b) One or more quality assured companion volumes.

Training packages do not prescribe how an individual should be trained. RTOs use training

packages to help design curriculum and/or learning and assessment methodologies that assist

individuals to gain and/or demonstrate they have the skills and knowledge specified in training

packages. Training is tailored to individual learner needs and can be contextualised to the specific

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circumstances of an employer and/or industry sector. Qualifications and statements of attainment

can, however, be issued without the graduate undertaking a training program, including through

the recognition of prior learning.

RTOs are responsible for assessing whether an individual meets the competency standards

specified by industry and for issuing a nationally recognised qualification or statement of attainment

where appropriate.

3 New arrangements for the development and review of training

packages

The development of training packages is premised on principles that were agreed by the COAG

Industry and Skills Council (CISC) in May 2015. These principles are that training packages must:

(a) reflect identified workforce outcomes

(b) support national (and international) portability of skills and competencies, including reflecting

licensing and regulatory requirements

(c) reflect national agreement about the core transferrable skills and core job-specific skills

required for job roles as identified by industry

(d) be flexible enough to meet the diversity of individual and employer needs, including the

capacity to adapt to changing job roles and workplaces

(e) facilitate recognition of an individual’s skills and competencies and support movement

between the school, vocational education and higher education sectors

(f) support interpretation by training providers and others through the use of simple, concise

language and clear articulation of assessment requirements.

3.1 Roles and Responsibilities

The Australian Government has introduced a new framework for engaging industry in the

development of training packages that will guide the delivery of VET. The new training package

development framework consists of three key entities:

(a) the Australian Industry and Skills Committee (AISC)

(b) Industry Reference Committees (IRCs)

(c) Skills Service Organisations (SSOs)

See Attachment One for a summary of the roles and responsibilities.

3.1.1 The Australian Industry and Skills Committee

The AISC’s role is to provide advice to CISC to ensure that the directions taken by Ministers are

informed by an industry-based perspective focused on the quality and relevance of training in VET.

As part of this role the AISC will oversee the review and development of training packages, with

the objective of ensuring Australian workers are provided with industry-relevant skills that meet the

future needs of employers.

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The functions of the AISC – as set out in the Terms of Reference agreed by CISC, are to:

(a) advise on the implementation of national training policies

(b) quality assure and sign off training packages for implementation

(c) oversee the process for development and approval of accredited training

(d) provide direction on the VET sector research priorities, including the work of the National

Centre for Vocational Education Research

(e) provide advice to CISC on training provider and regulator standards

(f) coordinate industry engagement through CISC meetings

(g) undertake work as directed by CISC. As part of its role in overseeing the process for reviewing and developing training packages, the

AISC has established a network of Industry Reference Committees.

3.1.2 Industry Reference Committees

IRCs provide the industry engagement mechanism at the centre of training package development.

They provide a conduit for industry feedback to government on industry trends and for promotion of

VET to employers.

IRCs are the formal point through which industry requirements for skills are considered and defined

in training packages.

There will not be a ‘one-size-fits-all’ formula for the composition of IRC membership. IRCs are

comprised of industry representatives with expertise from a cross-section of the particular industry

or sector, and will be tailored to the particular circumstances of that industry or sector. The primary

purpose of the IRC is to provide advice to the AISC about the skills needs of their industry or

sector, based on their experience and expertise.

Participation on IRCs is voluntary and represents a part of industry’s ‘in-kind contribution’ to the

operation of a robust VET system that underpins skilled and productive workforces.

IRCs are formed and activated as required to direct SSOs in the review, development and

implementation of training package content relevant to the industry sectors they cover.

At the commencement of the new arrangements and from time to time, the AISC and the

department will work with industry stakeholders, IRCs, SSOs and state and territory governments

to review the scope and membership of IRCs. The purpose of the review is to ensure that the

composition of each IRC is fully representative of the industry or sector, across Australia. Reviews

will include broad consultation with industry stakeholders, including existing IRC members. The

proposed structure and membership will be subject to a decision of the AISC.

Proposed changes to membership outside of a formal review will need to be notified to the

department, and where substantive2, subject to AISC approval. The AISC would be notified by the

department of all changes to membership on a regular basis.

2 This would need to be determined on a case by case basis by the department. However, for example, where a member leaves his/her position with a particular company and is replaced by another representative from the same company – and both the IRC Chair and the department is satisfied that the change will not disrupt the

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IRCs are expected to operate in accordance with this framework and will perform the following

functions (supported by their SSO as required):

(a) Gather general intelligence for their industry sectors to inform advice on training package

development and review

(b) Oversight the development and review of training packages in accordance with the

requirements of the AISC

(c) Oversight the development of the IRC workplan by the SSO, advising who should be

included in the consultation and the type of information to include

(d) Provide sign off on the workplan, business cases, cases for endorsement and other

submissions for consideration by the AISC

(e) Report to the AISC on progress of its work

(f) Promote the use of VET in the sectors they represent.

In the course of the development and maintenance of training packages, an IRC may, through its

SSO, establish and work through one or more Technical Advisory Committees (TACs). A TAC

may, for example, include technical industry experts, industry associations, regulators and training

providers, and can assist the IRC by providing technical input to the review and development of

training packages. Expectations in relation to the use of TACs are:

(a) The establishment of a TAC is not subject to approval by the AISC and may be done on an

ad-hoc basis as the need arises

(b) Support for the operation of a TAC is subject to the SSO funding agreement with the

department and the MoU between the IRC and the SSO.

3.1.3 Skills Service Organisations

SSOs were identified through a competitive grants process. They are funded by the Australian

Government through a funding agreement for an initial three year period, subject to meeting

performance requirements and other contractual arrangements, with an option to extend for two

years.

The role of SSOs is to provide services to a range of IRCs, to ensure training packages reflect the

skills needs of industry. SSOs provide technical, operational and secretariat services to enable

IRCs to undertake their industry engagement and training package development and review

activities.

SSOs support industry engagement while remaining independent from both industry and the

training sector itself. SSOs are governed by boards whose members can demonstrate

independence as well as strategic capability and professional expertise.

The Australian Government recognises that each industry sector has different characteristics and

that the new arrangements need to be flexible enough to ensure that SSOs are able to provide

high quality and tailored support to their clients, which will include a number of different IRCs. This

effective operation of the Committee, this would not need to be subject to a separate decision by the AISC. However, where there was a need to call for nominations to fill a vacant position – this would be subject to AISC approval.

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requires a strong ability to nurture stakeholder relationships and facilitate cooperation and

partnerships.

SSOs are not prohibited from undertaking commercial activities separate and additional to

undertaking their role in supporting IRCs, provided these do not breach conflict of interest

requirements set out in the funding agreement. These activities do not, however, carry government

endorsement.

Where there is evidence of SSO non-performance, the IRC Chair may submit a case to the AISC

to move to a different SSO. Such a submission must be the result of a fully constituted vote that is

carried by a two thirds majority of the IRC. The submission must include:

(a) particulars of the reasons for the proposed change of SSO

(b) details of the performance issues with the SSO experienced by the IRC, including the steps

taken to resolve the performance issue

(c) the benefits of moving to the proposed SSO e.g. opportunities to achieve better synergies

between and across industry sectors; or the skill set of the proposed SSO is better suited to

deliver the services required by the IRC

(d) a description of how the proposed change would facilitate better outcomes for industry and

provide a better overall fit for the national training system.

The AISC will make a decision on whether or not a change should occur and may consult other

parties including affected SSOs, or other IRCs in the process of making a decision. The decision of

the AISC will be based on evidence about performance as set out in the MoU between the SSO

and IRC.

4 Scheduling and Commissioning of Training Package

Recommendations

4.1 IRC Workplans

Each SSO will support their allocated IRCs to develop a four year workplan and refresh that

workplan annually. The IRC workplan will be comprised of two parts:

(a) industry analysis including qualitative and quantitative data, an analysis of new and emerging

skills, and associated training needs for an industry

(b) a proposed plan for reviewing and developing the relevant training products.

The IRC workplan will be submitted to the AISC to inform the development of a four-year rolling

National Schedule of training package development and review work.

4.2 National Schedule

In developing the National Schedule, the AISC will assess relative priorities across IRC workplans,

taking account of risk, regulatory need, strategic industry and government priorities, economic

impact, current levels of VET activity, and available budget.

Training package review and development work will be commissioned based on the National

Schedule.

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The AISC may, in consultation with the relevant IRCs and SSOs, amend the National Schedule

from time to time to meet more urgent or critical national priorities.

Where the National Schedule does not allow for the work proposed by an IRC to be undertaken as

proposed in the IRC workplan, the department, SSO and IRC will work through these issues

together.

4.3 Business Cases

Each year SSOs will undertake the review work required in the National Schedule and develop one

or more business cases. The scope of this work will be determined by the AISC and reflected in

one or more activity orders issued by the department.

Business cases will detail:

(a) information about the review (including the methodology and the outcome)

(b) the industry supported case for change and expected impact of the change, including on the

industry sector and on the VET sector

(c) an assessment of the benefits and estimated costs3 to industry and the VET sector expected

from the proposed change/s, including an assessment of impact on productivity if the change

is not made

(d) the extent to which cross industry competencies4 can be used to support skills outcomes for

the industries covered

(e) an analysis of the risks identified by both the relevant industry sector and the VET sector and

the mitigation strategies to be put in place to manage those risks

(f) any external impacts such as the regulatory environment or changes to industry practice which

are driving the proposed change

(g) recommendations on whether a qualification is suitable to be delivered as a traineeship or an

apprenticeship arrangement, providing evidence of consultation with state and territories and

evidence that their views have been considered

(h) advice about industry’s expectations of training delivery (including expectations around the

duration of training, mode of delivery, work-based learning strategies and learner

characteristics).5

The development of a business case, including scoping the research and analysis, industry

engagement and writing, will be carried out by the SSO, under direction of the IRC, in accordance

with an activity order provided by the department.

At the completion of the review work, the SSO will prepare a business case for IRC approval. The

business case, once approved by the IRC, will be submitted to the AISC through the department.

The case will be assessed by the department against the activity order before advice is provided to

the AISC for their consideration.

3 Note – this is not a formal cost/benefit analysis. Rather the AISC is looking for a description of the options explored and the impacts – both positive and negative of

those options. The analysis of those impacts should indicate the reasons why the IRC is recommending the proposed action and could include using existing qualitative and quantitative information where it is available.

4 Note – The COAG Industry and Skills Council has indicated its intention to improve the efficiency of the training system by creating units that can be owned and

used by multiple industry sectors. 5 Note – The COAG Industry and Skills Council has indicated its intention to ensure that more information about industry’s expectations of training delivery is

available to training providers to improve their delivery and to consumers to enable more informed course choices.

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4.4 Training package development work

The AISC will consider business cases and determine the scope of training package development

work to be undertaken. The AISC determination will be reflected in one or more activity orders

issued by the department. The activity order may include additional requirements, or a smaller

scope of work than was proposed in the business case.

The AISC may commission work to change existing, or develop new, training package content

without the need for a business case. Depending on the trigger and the evidence available, work

commissioned may not require a business case to substantiate the need for change.

The training package development work, including necessary industry engagement, technical

writing and validation of changes to training packages will be carried out by the SSO in accordance

with the activity order issued by the department.

At the completion of the training package development work, the SSO will prepare a case for

endorsement for the training package for IRC approval.

4.5 Cases for Endorsement

The case for endorsement will be developed in accordance with the Training Package Products

Policy6 and the Training Package Development and Endorsement Process Policy7 and will include

evidence of consultation with states and territories and evidence that the views of all key

stakeholders have been considered.

The case for endorsement, once approved by the IRC, will be submitted to the AISC through the

department. The case will be assessed by the department against the activity order as well as the

Standards for Training Packages and the abovementioned policy documents, as amended from

time to time. Advice will be provided to the AISC for their consideration.

4.6 Industry Proposals

The AISC will also consider recommendations for changes to training products arising from

external review (for example ASQA Strategic Review) and through representation, including

industry proposals, submitted by interested stakeholders.

Industry proposals can be submitted to the department by any party. Industry proposals will detail:

(a) the reason(s) the proponent would like to see a change to the National Schedule

(b) details of the proposed work and how it is different from the existing provisions in the national

training system

(c) why the AISC should see the work as a priority including an explanation of how the work or

proposed change/s meet/s industry needs and/or government priorities

6 Note that the policy is currently under review to reflect the new arrangements for developing training packages. 7 Note that the policy is currently under review to reflect the new arrangements for developing training packages.

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(d) information about the breadth of industry and other stakeholder support for the work or

proposed change (including the views of the relevant IRC).

The department will discuss the industry proposals with the relevant IRC(s) and SSO(s) as

appropriate. Where appropriate, industry proposals will be forwarded to the AISC for

consideration.8 The department will keep a record of all industry proposals received and the action

taken.

Approved industry proposals will be reflected in the National Schedule and may, in some cases,

form the basis of an additional activity order for the development of a business case/training

package development work. The activity order may include additional requirements, or a smaller

scope of work than was proposed in the industry proposal.

5 IRC Governance Arrangements

The governance requirements outlined in this section are the minimum standard arrangements that

IRCs are to adhere to. Where an IRC is of the view that alternative arrangements would better suit

the needs of their industry or sector, those alternative arrangements will be subject to the

agreement of the AISC.

5.1 IRC Membership and Chair/Deputy Chair

The structure and membership of each IRC is subject to the approval of the AISC.9

Members of each IRC are to be drawn from the industries covered by the IRC based on

experience in the industry and other skills and knowledge relevant to the consideration of training

packages that the member may possess.

It is expected that each IRC should have no more than 12 members.

Individual members are to be appointed for an initial term of three years but may be re-appointed

for a further one year. It is not expected that any individual member would serve more than four

consecutive years.10

Each IRC will have a Chair and Deputy Chair drawn from the IRC membership. Both will be

elected by the IRC, and endorsed by the AISC. The tenure of the Chair/Deputy would normally be

for two years but an individual may be re-elected for a further two year term. It is not expected that

the Chair/Deputy would serve for more than two consecutive terms in their role.

In the election of the Chair/Deputy, IRC members should make efforts in good faith to select

nominees by consensus. Where consensus cannot be achieved, the Chair/Deputy must be elected

8 This will need to be determined on a case by case basis by the department in light of the information contained in the industry proposal and the feedback provided by the relevant IRC/SSO. However, it is likely that the department will receive industry proposals that contain general feedback – or which re-prosecute issues that the IRC/AISC has already considered/agreed. In such cases, the industry proposal would not be forwarded separately to the AISC. 9 Interim arrangements are in place from 1 January 2016 while a comprehensive review of IRC structure and membership is undertaken. The interim arrangements provide for the industry advisory structures under the Industry Skills Councils to have status as IRCs until the AISC agrees an ongoing structure and membership. 10 This does not prevent the IRC structure from including a permanent position for an organisation – for example an industry peak body or industry regulator. Such an arrangement would be subject to AISC approval.

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by a fully constituted vote where a two thirds majority should be regarded as the minimum

requirement unless extenuating circumstances apply. The role of the Deputy will be to perform the

role of the Chair on occasions when the Chair is not available.

Chairs have an important role providing leadership to the IRC, being the primary contact for the

AISC, working with the SSO, and in identifying opportunities for communication and consultation

directly with their industry or sector.

At the initial meeting of the IRC, the Chair will lead a discussion to frame members’ expectations of

each other, of how they will work with their SSO(s), including the development of the MoU and IRC

workplan, and of how they will measure their success as an IRC.

5.2 Quorum

An IRC is a decision making forum in terms of what it agrees to submit to the AISC for approval. As

such, a quorum of members must be present for the business of the meeting to commence:

5.2.1 Quorum requirements

(a) A quorum will be half the IRC members plus one.

(a) Attendance via teleconference or videoconference qualifies as attendance for the purposes

of a quorum.

(b) If proxy attendance is permitted, the nominated proxy must be advised to the Chair at least

24 hours prior to the meeting.

(c) Where a decision pertains exclusively to training products relevant to one or a set of

individual members, alternate quorum arrangements may be applied.

5.3 Meetings, Agendas, Motions and Minutes

The IRC and the SSO will determine the scope and requirements for facilitating IRC meetings

through the development of the MoU between the parties.

5.3.1 Meeting operation requirements

(a) It is expected that an IRC will meet at least once per year, subject to the initial review of

industry priorities and the approved workplan for that committee.11

(b) Meetings may be held face-to-face. However, in order to minimise operational costs, it is

expected that IRCs utilise options including teleconference, videoconference or other

electronic format where appropriate.

(c) Additional meetings may be called by a quorum of members and held as required, subject to

available budget.

(d) If a member fails to attend three consecutive meetings, without the approval of the Chair, the

IRC may apply to the AISC to terminate that individual’s membership and to have a new

member appointed.

(e) All agenda and meeting papers are to be distributed at least five working days before the

meeting.

(f) Observers/visitors may be invited and admitted to the meeting by agreement of a quorum.

11 The actual number of meetings for an IRC in any given year will depend on the level of activity scheduled for that year. To ensure the capability of each IRC to provide advice on the training needs of their industry, it is recommended that each IRC should meet face-to-face once per year.

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(g) The relevant SSO will provide secretariat services for the meeting in accordance with the

MoU.

(h) IRCs must agree on a decision-making process that suits the circumstances and scope of

the IRC. Decisions made according to the established process must be recorded in the

minutes. Decisions should be taken by an orderly and formal process:

(i) A motion should be clearly put to the meeting and have a seconder.

(ii) All members should be given the opportunity to speak for or against the motion.

(iii) Where possible, members should in good faith aim to achieve consensus. Where

consensus cannot be achieved and a vote is taken, a two-thirds majority of those in

attendance should be regarded as the minimum requirement unless extenuating

circumstances apply.

5.3.2 Meeting minutes

In its capacity as secretariat, unless at the explicit instruction of the IRC Chair, at least one SSO

engaged facilitator or employee will be present at IRC meetings for the purpose of taking minutes

and answering any questions from members about agenda papers and/or the status of work being

undertaken on behalf of the IRC.

Minutes must be made available to all IRC members, present or absent, as soon as possible after

the meeting (and generally no later than 10 business days). The SSO will provide a copy of the

minutes from each meeting to the AISC Secretariat.

Minutes will normally include:

(a) names of those present

(b) apologies received

(c) an outline of substantive discussions

(d) details of actions agreed and decisions made, including numbers for and against.

5.3.3 Costs associated with meetings

Costs associated with facilitating IRC meetings will be borne by the SSO. This may include the

provision of reasonable travel and accommodation costs to support IRC member attendance at the

meetings.

5.4 Code of conduct of IRC members

Members of IRCs:

(e) are required to discharge their duties as a committee member in good faith. That is, in

accordance with the public good, the best interests of the constituents of the industry sector

allocated to the committee, and not the particular organisation or enterprise that the member

may be representing and in accordance with training package principles agreed by CISC

(page 6)

(f) must not improperly use their position, or improperly use information obtained, to gain an

advantage for themselves or others

(g) will not vote if they have a conflict of interest on any matter that is before the committee, and

(h) must adhere to the provision of this framework in respect of confidentiality, conflict of interest,

privacy and intellectual property outlined below.

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5.4.1 Confidentiality

IRC meetings will by their nature include broad and in depth discussions on industry practice. This

may include information about the use of specific technologies or operations in the workplace.

To ensure that there is no perceived or actual misuse of confidential information, each committee

will decide what content is confidential. Members can ask that specific information be treated as

confidential. This agreement should be documented in the relevant meeting minutes, and may also

be included in the policies and standard operating procedures as agreed in the MoU between the

IRC and the SSO.

Where the IRC deals with training package material that is classified as ‘Controlled Access’ or ‘Not

for Public Access’, appropriate processes to ensure the proper use of information must be set out

in the MoU.

5.4.2 Managing conflicts of interest

The nature of an IRC makes it likely that potential conflicts of interest will arise. As a group chosen

for its capacity to engage and represent industry, members may represent sponsors of training

products, training providers, purchasers of training and other stakeholders. Members’

organisations/companies may also stand to either avoid or incur an additional cost (either directly

or indirectly) depending on the outcome of IRC deliberations. Therefore it is important that the IRC

deals with conflict of interest appropriately and transparently, to ensure outcomes and decisions

that meet the needs of the industry or sector as a whole.

For the purposes of this document, a conflict of interest is defined as any matter, circumstance,

interest or activity affecting the IRC member which may impair, or may appear to impair, the ability

of the member to make a decision diligently, independently and without bias.

The IRC must establish (in consultation with its SSO) an ongoing process for the disclosure and

management of Conflicts of Interest, with all interests that may lead to an actual or perceived

conflict, to be declared and recorded in a Register of Interests.

On joining the IRC, a member must declare all actual or perceived conflicts of interest.12 The Chair

is responsible for ensuring this is kept up to date and available for examination. The SSO should

seek updates from IRC members’ conflicts of interest ahead of each IRC meeting when it sends

out the agenda papers and provide an updated list to the Chair.

IRC members with an actual or perceived conflict of interest, or who may receive a financial benefit

or incur a financial cost from a decision, must declare this and clearly demonstrate how they will

separate these interests from their role on the IRC.

A member who has declared a conflict of interest may nevertheless be able to add value to the

debate. A quorum of the committee is to decide if the declared conflict of interest should or should

not preclude the member from staying in the room, noting that the member would not be allowed to

vote on the issue.

5.4.3 Privacy

IRC members are expected to familiarise themselves with the Commonwealth Privacy Act 1988

and ensure that they comply with it at all times.

12 An example of such an interest may be that the member or the organisation they work for has an interest in an RTO that delivers qualifications included in the relevant training package.

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If necessary, an IRC may collect, use and disclose members’ personal information to properly and

efficiently carry out its functions, complying with legal obligations, or otherwise in compliance with

Commonwealth privacy provisions.

5.4.4 Intellectual Property

IRC members will clearly identify:

(a) advice the member receives from a third party, as being advice of the third party

(b) material in which intellectual property rights may vest in a third party.

5.5 Reporting

Each IRC will, through the SSO, report on the progress of its work to the AISC from time to time,

as requested by the AISC.

It is expected that IRC Chairs will also communicate with the department from time to time to

discuss the progress of work, current priorities, the working relationship the SSO and other industry

policy and related matters.

5.6 Authority

IRCs advise the AISC and have no delegated authority to make independent decisions on behalf of

the Commonwealth, the AISC or CISC.

SSOs cannot independently make recommendations to the AISC on the content or form of

nationally recognised training packages without sign off from the relevant IRC(s).

5.7 Review

The role, structure and performance of IRCs against the provisions of this Operating Framework

may be reviewed from time to time by the AISC, and variations to membership and structure may

be instigated in consultation with IRC members, industry and other stakeholders.

5.8 Memorandum of Understanding

The way support is to be provided to the IRC will be articulated in a MoU between the IRC and its

allocated SSO. The MoU:

(a) has no legal status

(b) can take any form the SSO and IRC consider appropriate to meet the needs of both parties,

provided it is consistent with the SSO’s obligations under the funding agreement and meets

the requirements of the AISC and the department

(c) will set out how the parties will work together from a practical day-to-day perspective, outline

what each party can reasonably expect from the other, how they will manage disputes, etc.

(d) will recognise that SSOs support multiple IRCs in accordance with funding agreements with

the department, and that SSOs must allocate support and resources equitably to the group of

supported IRCs as directed by the department.

To ensure the MoU meets the requirements of the funding agreement, the MoU will be subject to

the approval of the department and the endorsement of the AISC.

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6 Further Information and Contacts

AISC Website

The following templates will be uploaded to the AISC website (www.aisc.net.au):

Memorandum of Understanding Four year workplan Business case Training package case for endorsement

Contacts:

IRC Teams at the Department of Education and Training:

[email protected], associated IRCs:

Aboriginal and Torres Strait Islander Health Worker

Ambulance and Paramedic

Children’s and Youth Services

Client Services

Community Sector and Development

Complementary and Alternative Health

Dental

Direct Client Care and Support

Enrolled Nursing

First Aid

Joint Training Package (community services/health)

Local Government

Public Sector

Sport and Recreation

Technicians Support Services

Tourism, Travel and Hospitality

Wholesale, Retail and Personal Services

Business Services

Culture and Related Industries

Education

Financial Services

Information and Communications Technology

Printing and Graphics Arts [email protected], associated IRCs:

Food, Beverage and Pharmaceutical

Meat

NSW Skills and Training

Pulp and Paper Manufacturing

Racing

Rural and Related

Seafood

Skills and Employment

SA Skills and Training

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TAS Skills and Training

VIC Skills and Training

Aviation

Corrections

Electricity Supply Industry Generation

Electricity Supply Industry Transmission Dist. & Rail

Electrotechnology

Gas

Maritime

Public Safety

Rail

Transport and Logistics

Water [email protected], associated IRCs:

Construction

Property Services

Automotive Electrical

Bicycles

Marine

Mechanical and Specialisation

Mechanical Heavy Vehicle

National Training

Outdoor Power Equipment

Sales, Parts, Administration and Management

Vehicle Body

Vehicle Manufacturing (Bus, Truck and Trailer)

Vehicle Manufacturing (Passenger Vehicle)

Aerospace Education and Training

Furnishing

Manufacturing and Engineering

Manufacturing Skills Australia Strategic

Process Manuf., Recreational Vehicle and Laboratory

Textile Clothing and Footwear

Civil Construction/Infrastructure

Coal Mining

Drilling

Extractive

Metalliferous

AISC Secretariat: [email protected]

Mailing address: AISC Secretariat, GPO Box 9880, Canberra ACT 2601

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Attachment One: Summary of Key Roles and Responsibilities

A summary of the key roles and responsibilities of the key entities is provided below:

Australian Industry and Skills Committee (AISC)

Governed by its AISC Terms of Reference

Advise on the implementation of national training policies

Quality assure and sign off training packages for implementation

Oversee the process for development and approval of accredited training

Provide direction on the VET sector research priorities, including the work of the National

Centre for Vocational Education Research

Provide advice to CISC on training provider and regulator standards

Coordinate industry engagement through CISC meetings

Undertake work as directed by CISC

Meet with IRC Chairs at least once per year.

Industry Reference Committees

Guided by the IRC Operating Framework and the MoU

Gather intelligence for their industry sectors to inform advice on training package development

and review

Oversight the development and review of training packages in line with the requirements of the

AISC

Oversight the development of the IRC workplan, advising who to consult and the type of

information to include

Provide sign off for industry proposals, business cases, cases for endorsement and other

submissions for consideration by the AISC

Report, through SSO, to the AISC on progress of its work

Promote the use of VET in the sectors they represent.

Skills Service Organisations

Funded by the Commonwealth Government through contestable funding arrangements

Governed by a Funding Agreement that is managed by the Department of Education and

Training

Guided by the Training Product Development Programme Guidelines

Support the activities of IRCs, including by providing secretariat services and as otherwise

outlined in the MoU

Prepare and submit required documentation to the department, including an MoU with IRCs,

annual workplan, business cases and training packages

Liaise with the AISC via the AISC Secretariat

Establish and maintain relevant policies and standard operating procedures

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Manage industry communication, engagement and analysis as directed by the IRC

Provide recommendations to IRCs

Maintain relevant websites, databases and records as required.

Department of Education and Training

The Australian Government Department of Education and Training (the department) will:

oversight the operation of IRCs, including adherence to governance documentation and

professional development

facilitate annual meetings between IRC Chairs and the AISC

monitor and synthesise information and data provided through the AISC public interface, and

forward it to the appropriate channels

manage funding agreements with SSOs

provide secretariat services for the AISC

manage the AISC website and other relevant communication